The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-02-02
THE BLACKSTONE HEAR.
Elias Thomas and Hiram KnowIton,
ESQ.,, on the Stand.
Nothing Yet Decided in the Matter
of ExtradftIon.
Thomas Says He Can Stand 40 Below
Zero as Long as Blackstone.
And Is Bound to Bring the Prisoner
to Portland, II Possible.
(special to the Press.

WINNIPEG, Feb. 1.-Mr. Thomas, the vice
president of the Canal Bank, was the first
witness examined this morning. He stated
that he had known the prisoner about four
teen years, and he had been in the employ
ment of the bank for that time. He first
know of any difficulty about the prisoner
and the bank on the Doth of November.
1886. He first knew it by a letter from the
prisoner Mr.. Peters, the paying teller had
the letter. 1t might have been written to
him or to the prisoner about the 13th of
December. He identified the letter pro-
duced which contained an account of his
dealings with the banks. he then described
the ordinary course Of business at the bank
and the duties performed by the prisoner;
also the steps taken to assume the Diamond
Wrench Company, and its assets which
was owned by the prisoner. On cross-exam-
ination by Mr.. Howell, &C, who referred
to the entry of an assumed note supposed to
have been made by the prisoner, Mr.
Thomas said that he would not swear
whether that particular note was passed by
the board.
OF that particular note was passed by
the bank and the proceeds paid over in the
regular way, what wrong had Blackstone
done?
Acknowledging.
To Mr. McArthur-If the the note had
been passed by the bank it ought to have
been entered in the book called the "Tick-
ler" which was not done in this case lie
had no personal recollection of the note in
question being passed by the board.
Hiram Knowlton stated that he lived in
Portland, Me-, and that he had been an at
torney and counsellor-at-law for the State
of Maine for twenty-six years, and had
practiced in all the courts of Maine and
in the District and Circuit Courts of the
United States. The Superior Court, where
one is established, and the Supreme Court
of the State, and the District Court of the
United States have jurisdiction in cases of
crimes including forgery. The District
Court had jurisdiction in the cases of banks
and other corporations trading under the
authority of the United States. The State
Courts have jurisdiction in all offenses
against the State laws, and crimes which
are such by the common law. He had had
some experience in criminal matters, and
knew criminal law.
misunderstanding that no no note exist.
ed, although the particulars of one are en-
tered in the bank books by the prisoner and
the money is parted with after the entry in
the discount book with the intention to de-
fraud the bank while in the employment of
the bank, would the making of that entry
in the State of Maine be a crime and if so,
what?
misunderstanding all to be proved as
stated in the interrogatory, | have no hesi-
tation in saying it would be the crime of
forgery.
Cross-examined-The common crime of
forgery has been revised. The statutes of
Maine defined the punishment of the crime
of forgery in certain cases. He based his
opinion on the fact that this is crime at
common law. He was sure that this was
a crime but he was not sure that it is en-
braced in any statute of Maine. He referred
to the common law of England. The law in
Maine relating to the crime of forgery is
substantially the same as the common law
of England. The charges in question in the
State of Maine would have to be tried by
the federal law. There are federal statutes
with regard to this particular question. In
tne StaJe OF Maine BlacKStOne WOulQ nave
to be tried by the federal law. There
are federal statutes with regard to forgery.
He was unable to say whether there is any
federal statute with regard to this particular
question, not having examined the statutes
on that point. If the entries made already
referred to they were made to cover previ
Gus defalcation, would it be forgery? In his
opinion it would be under the circumstances
stated according to the law as interpreted
| by the State of Maine.
The giving Of technical evidence occupied
until the time for closing the court, when
the defence applied for an adjournment of
three days, to give Blackstone an opportun-
| ity for legal evidence from Portland to
break down Mr.. Knowlton's expert testi-
mony. The question of adjournment will
be discussed tomorrow morning.
| On leaving the court. Blackstone, on be-
half OF the prosecution, was served with
seven other informations, being for separate
fraudulent entries in the book.
Mr.. Thomas and the other witnesses say
they have come to stay; and can stand 400
below zero as long as Blackstone can. They
are bound to take the prisoner back if posi-
BILE.